I worked as a vendor staff member for a company for seven years. Then the company converted me to an on-roll employee. Now, I haven't received any relieving letter from the contractual side. I am not interested in continuing my job because the company staff can hire a contractor to give me gratuity for seven years, or they might deny it. I am considering absconding.
From India, Coimbatore
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From India, Coimbatore
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Hi 7 years of contineous service is very much eligible for Gratuity entitlement. Why you want to abscond?
From India, Madras
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1015From India, Madras
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If you've been working for a company as a vendor for seven years and they've recently hired you as a regular employee, but you haven't received a relieving letter from the vendor side, and you're not interested in continuing as a company employee, you might be wondering about your gratuity. It's essential to:
Check Your Contract
Take a look at your original employment contract and any other agreements you have. Look for information about gratuity, notice periods, and termination.
Talk to HR or Legal
Reach out to the HR or legal department of the company. Discuss your concerns about the relieving letter and ask about the company's gratuity policy. They may be able to help or provide the necessary documents.
Know the Laws
Labor laws differ from place to place. Research the labor laws in your area to understand what rights you have when it comes to gratuity.
Get Legal Advice
If you're unsure about your rights or if you're having trouble getting the documents you need, consider consulting with an employment lawyer. They can give you advice based on your specific situation and the laws that apply to you.
Avoid Leaving Suddenly
It's generally not a good idea to leave your job without notice. Follow the procedures in your contract and local laws to avoid legal issues and maintain a good professional reputation.
Remember, it's important to get advice tailored to your situation, and a legal professional can provide the best guidance based on the laws in your area and the details of your employment.
From India, Kolkata
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Check Your Contract
Take a look at your original employment contract and any other agreements you have. Look for information about gratuity, notice periods, and termination.
Talk to HR or Legal
Reach out to the HR or legal department of the company. Discuss your concerns about the relieving letter and ask about the company's gratuity policy. They may be able to help or provide the necessary documents.
Know the Laws
Labor laws differ from place to place. Research the labor laws in your area to understand what rights you have when it comes to gratuity.
Get Legal Advice
If you're unsure about your rights or if you're having trouble getting the documents you need, consider consulting with an employment lawyer. They can give you advice based on your specific situation and the laws that apply to you.
Avoid Leaving Suddenly
It's generally not a good idea to leave your job without notice. Follow the procedures in your contract and local laws to avoid legal issues and maintain a good professional reputation.
Remember, it's important to get advice tailored to your situation, and a legal professional can provide the best guidance based on the laws in your area and the details of your employment.
From India, Kolkata
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Hi Usharani Mohapatra, what is your problem? Is it that you have been working for a company under a third-party role for 7 years, but now the company has hired you as their employee under their direct payroll, and you don't want to be under the company's direct roles? Then tell your employer (contractor) that you don't want to be with the principal employer but want to remain with him only. Why should you abscond? Or is it that you want to get gratuity for the 7 years of service and then join the company rolls? Since you have worked under the contractor for 7 years, you are rightly eligible to get gratuity from the contractor, provided the Payment of Gratuity Act is applicable to that contractor. If the contractor, as an establishment, has never employed more than 10 employees, naturally, the establishment would not come under the scope of the Act, and then you will not get the gratuity either. At the same time, if he (contractor) has more than 10 employees under him, and if you have been working for 7 years (with a minimum of 5 years, each year contributing to 240 days in a 12-month period), then you can ask for gratuity. For that, why should you abscond?
From India, Kannur
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From India, Kannur
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Hi Usha Rani,
In many organizations, gratuity or severance pay may be legally required for employees who have completed a certain number of years of service with a company. However, the specific regulations can vary, and it may depend on whether you were formally recognized as an employee during your time as vendor staff.
If you are now considered an on-roll employee, the company may have certain obligations regarding your employment, including providing a relieving letter and adhering to labor laws related to gratuity or severance pay. However, it's crucial to review your employment contract, company policies, and local labor laws to understand your rights and entitlements.
Rather than considering absconding, which may have legal consequences, you may want to consider the following steps:
Review Your Employment Contract:
Examine your employment contract to understand the terms and conditions, including any clauses related to termination, gratuity, or severance pay.
Consult with HR:
Speak to your company's human resources department to inquire about the process for obtaining a relieving letter and any gratuity or severance pay you may be entitled to.
Seek Legal Advice:
If you are unsure about your rights or if you encounter difficulties in the process, consider consulting with a labor or employment lawyer who can provide guidance based on the specific laws in your jurisdiction.
Communicate Professionally:
If you decide not to continue with the company, communicate your decision professionally and in accordance with any notice period specified in your contract. Avoiding absconding will help you maintain a positive professional reputation.
Hence, abruptly leaving a job without proper communication or following legal procedures may have negative consequences for your professional reputation and could potentially lead to legal issues. It's in your best interest to handle the situation in a transparent and legally compliant manner.
Thanks,
From India, Bangalore
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In many organizations, gratuity or severance pay may be legally required for employees who have completed a certain number of years of service with a company. However, the specific regulations can vary, and it may depend on whether you were formally recognized as an employee during your time as vendor staff.
If you are now considered an on-roll employee, the company may have certain obligations regarding your employment, including providing a relieving letter and adhering to labor laws related to gratuity or severance pay. However, it's crucial to review your employment contract, company policies, and local labor laws to understand your rights and entitlements.
Rather than considering absconding, which may have legal consequences, you may want to consider the following steps:
Review Your Employment Contract:
Examine your employment contract to understand the terms and conditions, including any clauses related to termination, gratuity, or severance pay.
Consult with HR:
Speak to your company's human resources department to inquire about the process for obtaining a relieving letter and any gratuity or severance pay you may be entitled to.
Seek Legal Advice:
If you are unsure about your rights or if you encounter difficulties in the process, consider consulting with a labor or employment lawyer who can provide guidance based on the specific laws in your jurisdiction.
Communicate Professionally:
If you decide not to continue with the company, communicate your decision professionally and in accordance with any notice period specified in your contract. Avoiding absconding will help you maintain a positive professional reputation.
Hence, abruptly leaving a job without proper communication or following legal procedures may have negative consequences for your professional reputation and could potentially lead to legal issues. It's in your best interest to handle the situation in a transparent and legally compliant manner.
Thanks,
From India, Bangalore
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Resignation cum relieving letter.doc